HIGH-TECH CRIME IN VIETNAM

The Vietnam Public Security have arrested a number of foreigners using of fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.

Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.

It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts.  The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common.  Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violation of Vietnam Criminal Code.

Currently, under the provisions of the Vietnam Criminal Code, Article 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for a stricter sanctions to deter and prevent it from spreading.

However the Vietnam law experts have also admitted that the current Vietnam Penal Code also have limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.

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BIRTH REGISTRATION WITH FOREIGN ELEMENT

From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management of the District People’s Committee.

For the case of children born in the territory of Vietnam, whose father is foreigner and mother is Vietnamese, but the parent does not have legal marriage (in other words: illegitimate children), the competent for birth registration belongs to the District People’s Committee where the father or mother reside.

In terms of the birth registration procedure, the Law on Civil Status provides only the procedure in case that the parents of the birth registration children have legal marriage.

The remaining case that parents of the birth registration children do not have legal then according to the provisions of the Law on Civil Status, if the father wants his name to be included in the birth certificate of the children, he have to register through adoption procedure. Accordingly, the father requesting for children adoption have to submit the declaration, documents to prove paternity, copy of passport or valid documents that can replace passport to prove his identity to the District People’s Committee where the father of the children reside.

Within 15 days of receiving valid dossier, the civil status authority will carry out the verification, listed the recognition of father and children at the headquarters of the District People’s Committee within 07 consecutive days. At the same time, the Commune People’s Committee where the child resides will list within 07 consecutive days at the headquarters of the Commune People’s Committee.

After the listing has been expired, the Justice Department proposed Chairman of the District People’s Committee to decide on the recognition of the father and son. Once registering for the recognition of the father and children, Chairman of the District People’s Committee provide excerpts for the parties.

The registration procedure for recognition of father and children must be done simultaneously or be conducted prior to birth registration of the children.

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ENTERPRISE ESTABLISHMENT SERVICE IN VIETNAM

ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:

• To consult to establish Joint Stock Company;
• To consult to establish One member Limited liability company;
• To consult to establish Limited liability Company with Two or more members;
• To consult to establish Partnership company;
• To consult to establish Private enterprises;
• To consult to establish Sole trader;
• To consult to establish foreign invested company;
• To consult to establish the parent company, corporations.

Customers procedures established in the ANT Lawyers will enjoy some preferential services such as:

1. Contents of enterprise establishment consulting service:

• To consult legal regulation related to the establishment, operation and management of enterprises;
• To consult to set up personnel structure of the company;
• To consult to select types of enterprises;
• To consult to choose the name of company (lookup and select the appropriate name as the request of customers);
• To consult about the head office of the enterprise;
• To consult on capital, legal capital, investment capital;
• To consult on business lines (lines requires legal capital , professional certification or other conditions);
• To draft legal dossiers for setting up the company  (Request for business registration, charter, founders list and other documents as prescribed by law);
• To consult for business on tax issues, financial obligations after the enterprise have been established and the process of production and business activities;

2. Our tasks in the enterprise establishment services:

ANTLawyers will on behalf of clients to perform the following tasks:

• Drafting and preparation the enterprise establishment dossier as regulations;
• To apply the dossier for business and tax codes registration in the Department of Planning and Investment;
• To monitor progress and inform regularly results to clients;
• To obtain the Investment Certificate from the DPI;
• Filing and registration the seal for Company at the Police Department;
• To obtain the seal and the certificate of the seal for the Company at the Police Department;
• To guide the customers to follow procedures in the relevant state authority (as needed);

3. Documents required to provide by clients:

• Information requested form of business;
• A copy of ID / passport of members / founding shareholder who is individual (notarized) ;
• A copy of business registration / establishment decisions of members / founding shareholders who is organization.

4. Client’s benefits after establishment:

• To be consulted and offered free the activating annual  tax dossier, records and procedures for billing the enterprise;
• To consult the necessary tasks  of the new enterprise;
• To consult human resources management  , provide free labor contracts and the forms of management personnel;
• To consult the procedures for salary scale registration, the social insurance registration of company;
• To consult on tax matters, tax refund, tax credit;

Please contact us for free advice and use the best service.

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HOW TO BUY APARTMENT IN VIETNAM

Real estate in Vietnam has passed the most difficult period and stabilized. But to satisfy the house demand of 90 million people, it’s need to have many changes in laws. ANT Lawyers will update the proposal of an expert in issue of definite ownership apartment.

As many other countries such as in England, the term to own an apartment of 999 years, but in Vietnam, only land has been assigned by the Government in 2 forms: permanent assignment and definite assignment.

In first method, permanent land assignment fell into residential land, and almost apartments were purchased in market with the “permanent” term.

In the second, lands were assigned within 50 years, the investors continued developing the projects. Some apartment projects in Ho Chi Minh city and Ha Noi belonged to this type. After the investors conducted procedures to transfer definite ownership apartment to permanent ownership apartment. Therefore, actually, the price of apartment will decrease if the form of definite ownership is applied.
Regulating the definite ownership of 50 -70 years for apartment will take advantages in reconstruction and improvement in case of degrading, usage expiry.

For more information or requirements on house laws, please contact ANT Lawyers.

ANT Lawyers, your lawyers in Vietnam.

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TEMPORARY RESIDENCE CARD IN VIETNAM

If a foreigner have been sponsored work permit in Vietnam to work or he/she decides to set up a company in Vietnam, he/she could be granted temporary residence card to live in Vietnam instead of applying and re-newing business or travel visas every three months.

We detail here some procedures which help foreigners to prepare for before applying for temporary residence card.

I. Subjects to be granted temporary residence card:

• Members of foreign representative agencies and their accompanying relatives (father, mother, wife, husband, children under 18 years old).

• Foreigners who work with the Institute of the Supreme People’s Procuracy, the Supreme People’s Court, the ministries, ministerial-level agencies, agencies attached to the Government and People’s Committees of provinces and cities directly under the Central Government and the Central offices of mass organizations, mass organizations.

•Foreigners who work in projects already approved by competent state agencies licensed in Vietnam.

• Foreigners who work with businesses in Vietnam has the work permit valued more than 01 year.

• Persons on the payroll of foreign representative offices and branches of economic organization, culture and other professional organizations of foreign non-governmental organizations based in Vietnam.

• Foreigners staying in Vietnam for other purposes.

II. Conditions for implementation

+ Time to stay in Vietnam more than 01 year;

+ Valid passport more than 01 year;

III. The composition, the number of records:

1) The composition profile, including:

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card;

• 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form N7A); a declaration about Foreigners applying for temporary resident card (Form N7B)

• 02 3 x4 cm size photographs;

• 01 copies of passport, valid visa, immigration cards (bring original for comparison);

• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

As the case may file appropriate documents: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

2) The number of records: 01 (one).

IV. Implementing agencies administrative procedures:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Implementation time: 05 to 07 days;

VI. Subjects performed:  by organizations and individuals;

Please contact us for inquiries through email ant@antlawyers.vn or call our partners directly at  + 84 912 817 823. ANT Lawyers, your lawyers in Vietnam.

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LEGAL PROCEDURES POST LICENSING IN VIETNAM

After establishing a company in Vietnam, the company has to perform a number of legal procedures for compliance purpose.

First, they have to declare the license tax. The tax declaration should be submitted to tax authorities. If the taxpayer has branch in the same province, the tax declarations of the branch should be submitted to the taxpayer’s tax authority. On the other hand, if the taxpayer has branch in another province, the tax declarations of the branch should be submitted to the tax authority of the branch. In case when the taxpayer does not have a permanent business location, the tax declaration should be submitted to the sub-department of taxation where the business is located or where the taxpayer resides. License tax is submitted annually and if the taxpayer has declared and paid license tax, he is not required to submit license tax declaration in the next year if the amount of license tax payable is not changed. In case the taxpayer amount of license tax payable in the next year is changed, tax declaration shall be submitted by December 31st of that year.

Second, the enterprise has to conduct the VAT (value added tax) declaration. The taxpayer that has just begun his business shall declare VAT quarterly. In the next calendar year after 12 months of business, VAT declarations shall be declared whether monthly or quarterly depending on the revenue from the sale of goods and/or services in the preceding calendar year (12 months). VAT shall be declared monthly or quarterly throughout the calendar year and the 3-year period. For example, the first stable period begins on October 1st, 2014 and ends on December 31st 2016.

Third is the CIT declaration (corporate income tax). The CIT declaration should be submitted to the supervisory tax authorities. According to business result, the taxpayer shall make the quarterly tax payment within 30 days of quarter succeeding the quarter in which tax is incurred; they shall not submit the provisional CIT declaration quarterly.

The fourth is the invoice printing. Before the placing first order for invoices, the company must send a written request for permission to use ordered invoices to the supervisory tax authority. Before the business uses invoices for its sale of goods and services, except for invoices purchased from or provided by the tax authority, the business have to send a notice of invoice publication together with a sample invoice to the tax authority.

Every quarter, seller of goods and services shall submit the invoice using report to the tax authority, even when there are no invoices have been used during the period. The report of the first quarter shall be submitted by April 30th, second quarter by July 30th, third quarter by October 30th, and forth quarter by January 30th of the next year. If no invoices are used during the period, the quantity of used invoices in the report shall be zero (0).

The fifth is the bank account. The opening of bank account to conduct transaction with customer is necessary because according to the ministry of Finance, the invoice valued of 20 million VND or above should be transferred through bank. Within 10 days from the day that enterprise opens bank account, the company have to notify the bank account number to the competent tax agency.

The sixth also the last one is labour and social insurance. If the contract between enterprise and employee has duration of over 3 months, it is subjected to compulsory social insurance.

Source: Legal procedures post licensing in vietnam

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HOW TO SET-UP TRAVEL SERVICES BUSINESS IN VIETNAM

Foreign investor could only set-up joint venture with Vietnam travel agency to set-up travel services business in Vietnam because transport of passenger belongs to investment areas with conditions applied to foreign investor inVietnam.

Travel Services Business in Vietnam

No one could deny that information technology has tremendously changed the way travel services business operates.  The use of booking reservation system application on smartphone and internet are widespread that make travel has never been easier.   Foreign investor would be interested to explore the travel services market. However, 100% foreign owned company is not allowed to set-up in travel services business in Vietnam. As this investment area is conditional, it is advised that a law firm in Vietnam should be consulted to ensure compliance with local regulations.

The application process and documents requirements are briefly as following:

I. Required documents:

1. Application for the International Travel Business License (form);
2. Certificate of business registration (copy – certified)
3. Business plan for the international travel agency;
4. Tour schedule
5. Proof of at least 4 years of experience in international travel business operations
6. Certified copies of the tourist guides’ cards whereby at least 3 international tourist guides are required
7. Confirmation of bank deposit (as per regulations);
8. Proof of office premises or legally registered place of business

II. Business License Application Procedure

1. Submission of the required documents to the correct authority (Department of Culture, Sports and Tourism of the province/city where the business is headquartered).
2. The Department of Tourism of the province/city completes the records of appraisal and submits a written request with the agency’s records to the Minstry of Culture, Sports and Tourism in Vietnam within ten working days from the date of receipt of a valid application. When cases are not eligible for the proposed permit to the state agencies, the provincial tourism department shall cite the specific reasons for refusal.
3. The state management agency of tourism (VNAT – Ministry of Culture, Sports and Tourism) is responsible for reviewing and licensing the international travel business within ten working days from the date of both receipt of the file and written request of the state agency of tourism in the province. In case of refusal, the ministry shall state the specific reasons to the state and provincial tourism authorities

III. Number of records

– Submission to the Department of Culture, Sports and Tourism: 01

– Tourism Authority Filed in: 01

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